Application Guide - Employer Job Offer: Foreign Worker Stream

Transcription

1 Ministry of Citizenship and Immigration Application Guide - Employer Job Offer: Foreign Worker Stream Ontario Immigrant Nominee Program Disponible en français Effective: January 17, 2018

2 TABLE OF CONTENTS 1.0 INTRODUCTION - EMPLOYER JOB OFFER: FOREIGN WORKER STREAM What is the Employer Job Offer: Foreign Worker Stream? OINP e-filing Portal ELIGIBILITY CRITERIA Job Offer & Position Criteria Applicant Criteria Work Experience and/or Licence or Other Authorization Licence or Other Authorization for Job Offer (if applicable) Intention to Reside in Ontario Legal Status in Canada (if applicable) Employer Criteria Active Business Business Premises in Ontario Regulatory Compliance Gross Annual Revenue & Employees Recruitment Employer Form BEFORE SUBMITTING AN ONLINE APPLICATION Access the OINP e-filing Portal Authorizing a Representative Who is a Representative? How to Authorize a Representative Online Cancelling a Representative Document Translation and Notarization COMPLETING YOUR ONLINE APPLICATION Saving your Application Application Tabs General Information Assistance with Application... 13

3 4.2.3 Applicant Information Contact Information Immigration Information Education History Work History Travel History and Other Activities (excluding education and paid work) Intent to Reside in Ontario Family Information Learning about OINP Employer Form: Employer OINP History Employer Form: Business Details Employer Form: Job Offer Details Supporting Documents Schedules Summary Privacy and Confidentiality How your Personal Information is used Protection of your Personal Information Processing Fee AFTER YOU APPLY Application Assessment Checking Your Status Incomplete Applications Changes in Personal Information Restoration of Status in Canada Withdrawing your Application Internal Review AFTER NOMINATION Extension of Nomination Certificate APPENDIX 1: FINDING YOUR NOC CODE... 27

4 APPENDIX 2: EMPLOYER JOB OFFER: FOREIGN WORKER STREAM DOCUMENT CHECKLIST APPENDIX 3: SCHEDULES... 34

5 PLEASE NOTE THAT THIS GUIDE IS AN EXPLANATORY DOCUMENT ONLY. PLEASE REFER TO THE ONTARIO IMMIGRATION ACT, 2015 AND ITS REGULATIONS. TO THE EXTENT THAT THERE IS ANY DISCREPANCY BETWEEN THIS GUIDE AND THE ACT OR ITS REGULATIONS, THE ACT AND REGULATIONS GOVERN. This guide is made available free to everyone by the Ontario Immigrant Nominee Program and is not to be sold. Queen s Printer for Ontario, 2018

6 1.0 INTRODUCTION - EMPLOYER JOB OFFER: FOREIGN WORKER STREAM 1.1 What is the Employer Job Offer: Foreign Worker Stream? The Ontario Immigrant Nominee Program (OINP) Employer Job Offer: Foreign Worker Stream provides foreign workers with a job offer the opportunity to permanently live and work in Ontario. The Employer Job Offer: Foreign Worker Stream enables OINP to nominate individuals who have the required work experience to help them successfully establish and integrate into Ontario s labour market and communities. Applicants can only apply if they have received a full-time job offer of an indeterminate duration from an Ontario employer, meet all eligibility criteria and have an Employer Form completed by the prospective employer. Once you receive a nomination from Ontario, you must apply to Immigration, Refugees and Citizenship Canada (IRCC) for permanent residence. Regular IRCC application fees will apply. For more information, please visit the IRCC website. 1.2 OINP e-filing Portal All applicants must apply to the Employer Job Offer: Foreign Worker Stream online through the OINP e-filing Portal. Applicants and representatives must now register for a ONe-key account and create a profile in the e-filing Portal before submitting an application. The application will take approximately two hours to complete. It does not have to be completed in one session. You can save your work as you go and return to complete it at another time. However, you must submit your application to the OINP within 14 calendar days after registering a profile in the e-filing Portal. Your online application will only be considered complete if you have: Answered all mandatory fields in the online application, Uploaded all required supporting documentation, Read and agreed to all declarations and authorizations, and Made an electronic payment of your application fee. 1

7 The application fee for the Employer Job Offer: Foreign Worker Stream is $2,000 for those with job offers in the Greater Toronto Area (GTA), and $1,500 for those with job offers outside of the GTA. The GTA is defined as the City of Toronto, Durham, Halton, York and Peel Regions. Please note that your application will not be deemed complete until it is reviewed for completeness by the OINP. If your application is found to be incomplete, it will not be processed and your payment will be refunded. Please see section 4.0 for more information on how to complete an application online. 2.0 ELIGIBILITY CRITERIA To be eligible to apply as a foreign worker, you must ensure that you meet the eligibility requirements for the Employer Job Offer: Foreign Worker Stream. It is also your responsibility to ensure that the employer and position meet the respective criteria. Your application may be refused if you or your employer do not meet program criteria. IMPORTANT: Please refer to the Document Checklist in Appendix 2 for a list of supporting documents that you must include with your application. 2.1 Job Offer & Position Criteria You must have a job offer signed by yourself and an Ontario employer for a position that meets the following five requirements: 1. Full-time and of an indeterminate duration: The position must be full-time and of indeterminate duration (i.e. permanent) and the work must consist of a minimum of 30 hours per week and at least 1,560 hours in a one year period. The job offer must not be for a position that: o o is seasonal or part-time, regardless of hours worked; or is a subcontractor or an agency position. 2

8 2. Eligible occupations: The position must be in a skilled occupation, Skill Type 0 or Skill Level A or B, in accordance with the National Occupation Classification (NOC). Please see Appendix 1 for information on how to find your NOC code. 3. Median wage level: The position must meet the median wage level for the occupation in the specific employment region of Ontario where you will be working. In addition to meeting the median wage level, if you are already working in the position for the employer, the wage of the job offer must be equal to or greater than the wage level that the employer currently pays you in that position. Information about wage levels in different occupations can be found on the Government of Canada Job Bank and selecting Explore Careers: Wages. Note: The program does not consider remuneration by piece work, bonuses, commissions, vacation pay or non-financial compensation as comprising part of an applicant s offered wage. An employer may offer an applicant piece work, bonuses, commissions, or non-financial compensation in addition to base pay. However, these will not be considered part of the hourly base pay. 4. Necessary to employer s business: The position must be necessary to your employer s business. This means that the job offer must align with your employer s existing business activities and the position must be needed to grow or maintain ongoing activity. 5. Employment activities: The anticipated employment activities related to the position must occur primarily in Ontario. RESTRICTIONS: Your job offer will not qualify if: It is likely to affect the settlement of any labour dispute or the employment of a person involved in such a dispute, The program determines that your employer did not make reasonable efforts to fill the position with a Canadian citizen or permanent resident 3

9 (see section for more information), or You or any of your family members hold or have held equity in your employer s business. The only exception is if the equity was obtained as part of your remuneration as an employee and the total equity held by you and your family members is/was less than 10%. If applicable, you will need to submit supporting documents to demonstrate that the equity is part of the remuneration package, which outlines the terms of the equity (e.g. employment agreement). 2.2 Applicant Criteria Work Experience and/or Licence or Other Authorization All applicants are required to have one of the following: 1. a minimum level of work experience, OR 2. a valid licence or other authorization from the applicable regulatory body in Ontario for the same occupation as the one listed in your job offer. Please review the requirements for each below. 1. Work Experience To meet the work experience requirement, you must demonstrate that you have at least two years of cumulative full-time work experience obtained within the five years immediately preceding the date of application submission. Your work experience must also meet the following requirements: Your work experience must be in the same NOC code as the occupation listed in your job offer in Ontario. Your work experience must have been paid (volunteer and unpaid internships do not count). Your work experience must have been full-time, which means at least 30 hours of work over a period of one week in one job. If applicable, you must have held a valid licence or other authorization for any qualifying work experience that you claim in a regulated occupation from the applicable regulatory body. Please see Appendix 1 for information on how to find your NOC code. 4

10 2. Licence or other Authorization To meet the licence requirement, you must hold a valid licence or other authorization for the same occupation as the one listed in your Ontario job offer from the applicable regulatory body in Ontario. For more information on licences and authorizations in Ontario, please visit the OINP website or the Ontario College of Trades website Licence or Other Authorization for Job Offer (if applicable) If your job offer is in an occupation that requires a mandatory licence or other authorization in Ontario, applicants must hold the mandatory licence or authorization in Ontario at the time of application submission. You will need to provide proof of your license or authorization with your online application. For more information on licences and authorizations in Ontario, please visit the OINP website or the Ontario College of Trades website Intention to Reside in Ontario All applicants must intend to reside in Ontario. You will be asked to indicate your ties to Ontario that can include, but are not limited to, the following: Current and/or previous employment in Ontario, Job offers or jobs applied/interviewed for in Ontario, Education in Ontario, Volunteer work in Ontario, Lease agreements for a residence in Ontario or property ownership, Professional networks and affiliations, Family ties, Social connections or personal relationships, and/or Previous visits to Ontario Legal Status in Canada (if applicable) If you are residing in Canada, you must have legal status in Canada at the time of application and should maintain it until the time of nomination. This means that you are authorized to enter and remain in Canada as a temporary resident for a specific period of time, either as a visitor, worker or student. You must be in possession of 5

11 a valid visitor record, work permit or study permit, or be a visa-exempt foreign national. If your temporary status document (i.e. visitor record, work permit, study permit) has expired, you may still apply to the OINP if you have submitted an application to Immigration, Refugees and Citizenship Canada (IRCC) to renew/extend your temporary status document before its expiry date. In these cases, you are considered to be in implied status. You can remain in Canada and continue to work or study under the same conditions as your existing permit until a decision is made on the pending application. IMPORTANT: NOTE ON REFUGEE CLAIMANTS Refugee claimants with a pending application to remain in Canada are not eligible to apply to OINP. Refugee claimants whose claim has been rejected, abandoned, or withdrawn must exit Canada prior to applying to the OINP. Refugee claimants may only apply to the OINP once they have left Canada. For more information related to refugee claimants, please visit the Immigration, Refugees, and Citizenship Canada (IRCC) website. 2.3 Employer Criteria The employer is the business that is supporting the application. The employer is determined by the Business Number that is associated with the respective business. Note: Franchisors 1 and franchisees 2 are treated as separate employers. If your employer is a franchisee and has made you a job offer, the franchisee (and not the franchisor) is considered to be the employer for the purposes of the application and is responsible for meeting all program criteria. It is the applicant s responsibility to ensure that the employer meets all criteria Active Business Your employer must be a corporation, limited liability partnership or sole proprietorship that has been in active business (i.e. generating revenue) for at least three years before the date of making the application. 1 A franchisor is a company that allows an individual (known as the franchisee) to run a location of their business. The franchisor owns the overarching company, trademarks and products, but gives the right to the franchisee to run the franchise location, in return for an agreed-upon fee. 2 A franchisee is an individual or company that holds a franchise for the sale of goods or the operation of a service. 6

12 2.3.2 Business Premises in Ontario Your employer must have business premises in Ontario where you will work. It must be a fixed place of business in Ontario Regulatory Compliance There must be no outstanding orders made against your employer under the Ontario Employment Standards Act, 2000 or the Ontario Occupational Health and Safety Act Gross Annual Revenue & Employees Your employer s business must have, in its most recently completed fiscal year before the date of making the application, the following: If your employer is located inside of the Greater Toronto Area (includes the City of Toronto, Durham, Halton, York and Peel regions), your employer must have: o A minimum of $1,000,000 in gross annual revenue (excluding HST/GST) for the most recent fiscal year, and o Five full-time employees who are Canadian citizens or permanent residents at the location where the applicant will work, or if the applicant will work at more than one location, at the location where the applicant will report to work. If your employer is located outside of the Greater Toronto Area, your employer must have: o o A minimum of $500,000 in gross annual revenue (excluding HST/GST) for the most recent fiscal year, and Three full-time employees who are Canadian citizens or permanent residents at the location where the applicant will work, or if the applicant will work at more than one location, at the location where the applicant will report to work. Note: Gross annual revenue does not include HST and GST Recruitment If you currently living and working outside of Canada, or working in Canada but outside of Ontario, your employer must demonstrate that sufficient efforts were 7

13 made to recruit a Canadian citizen or a permanent resident for the position being offered to you. Note: If you are currently authorized to work in Ontario, your employer does not need to provide proof of recruitment efforts Employer Form Your employer is responsible for completing the Employer Form and providing it to you. This form must be submitted within six (6) months from the date that it was signed by your employer. 3.0 BEFORE SUBMITTING AN ONLINE APPLICATION Before submitting your application to the OINP, you should ensure that you meet all stream requirements. Please also ensure you have read and understand the employer criteria. Your application may be refused if OINP is not satisfied that you or your employer meets program criteria. Your online application will only be considered complete if you have: Answered all mandatory fields in the registration and online application, Uploaded all required supporting documentation, Read and agreed to all declarations and authorizations, and Made an electronic payment of your application fee. 3.1 Access the OINP e-filing Portal You must access the OINP e-filing Portal directly from the OINP website where you will find further instructions on how to register for, and apply to, the Employer Job Offer: Foreign Worker Stream. Important: You may only register once for the Employer Job Offer: Foreign Worker Stream. Once you complete your registration, you have 14 calendar days to complete and submit your application to the OINP. After 14 days, your registration will expire and be withdrawn by the OINP. For more information about completing your online application, please see section

14 3.2 Authorizing a Representative If you receive help from someone with your application to the OINP, you must disclose this fact to the OINP. In addition, if you wish for this individual to act on your behalf with the OINP, you must authorize this individual as your representative before completing your online application. Please note the following important information about using a representative: All representatives, whether paid or unpaid, must be disclosed to the OINP. You may only have one active representative at a time, and this representative may only be appointed using the processes outlined below. All representatives must use their representative account to submit an application on your behalf. Representatives must not submit an application through your ONe-key account. If you have not appointed a representative, you are prohibited from using the address or mailing address of a representative in your application. Once a representative is authorized to act on your behalf during the OINP application process, all OINP communications will be directed to your representative. However, you may log in to your ONe-key account at any time to view the status of your application. Note that even if you have a representative, you are still responsible for the accuracy and completeness of information that is provided to the OINP. IMPORTANT: You must disclose the use of a representative to the OINP. If the OINP discovers that you have not disclosed a representative, the program may return or refuse your application. For information on how to choose a representative and for tips about how to protect yourself from fraud, please visit IRCC s website Who is a Representative? A representative is a person who has permission to conduct business with the OINP on your behalf. The representative can be paid or unpaid. Paid authorized representatives are defined under the Ontario Immigration Act, 2015 and include: citizenship or immigration consultants who are members in good standing of the Immigration Consultants of Canada Regulatory Council, lawyers who are members in good standing of a Canadian provincial or territorial law society, and notaries who are members in good standing of the Chambre des notaires du Québec. 9

15 Note: Please note that the Program only recognizes the representatives listed above as authorized to charge you a fee or receive any other type of payment. If you appoint a paid representative who is not recognized by the Program as a paid authorized representative (as listed above), you will be contacted by the OINP and advised that the individual must be removed or replaced as the representative. You may appoint an unpaid representative to conduct business on your behalf with the OINP. Unpaid representatives include: Family members, Friends, and Other third parties who do not charge a fee How to Authorize a Representative Online Before Registering Your representative must access the OINP e-filing Portal directly from the OINP website where they will find further instructions on the process to register as a representative and submit an application to the Employer Job Offer: Foreign Worker Stream on your behalf. If you have not registered a profile in OINP e-filing Portal, you will receive two s from the OINP after your representative registers a profile on your behalf. The first will include your enrollment number and the second will include your PIN number. You must then sign up for a ONe-key account using these two numbers. Once logged into the e-filing Portal, you can authorize your representative. Your representative will only be able to complete your online application after having been authorized by you to do so. After Registering However, if you already registered a profile in the OINP e-filing Portal and you now wish to authorize a representative after the fact, you must complete the following steps: 1. Provide your representative with the application number found under File Number on the main page of your OINP e-filing Portal. 2. Your representative must then log in to their ONe-key account and select Add an Existing Application on their main page. 3. Your representative will need to enter your File Number and your address in the boxes provided. 10

16 4. Once your file number appears, your representative can click on Add this Application. 5. Once your representative successfully adds your application, you will receive an notification from the OINP asking you to log in to your ONe-key account to authorize this representative. You can do so by clicking on Authorize found on the section entitled My Representative. 6. Once authorized, your representative will be able to log in to their ONe-key account and view and/or continue your application. Note: Any fields that you have already filled out in your application will appear as read-only for your representative Cancelling a Representative You may cancel your representative at any time. To do so, log in to your OINP e- Filing account via ONe-key and select Cancel under the My Representative section. Once you have cancelled your representative, they will no longer be able to access any information about your application with the OINP, nor will they be authorized to conduct any business on your behalf. You will become the primary contact for the OINP. 3.3 Document Translation and Notarization If any of your supporting documents are not in English or French, you must provide a copy of the document and a complete, certified or notarized translation of the document. If you are applying from within Ontario, the translations must be completed by a certified translator accredited by the Association of Translators and Interpreters of Ontario (ATIO). For more information on certified translators in Ontario, visit the ATIO s website. If you are applying from within Ontario but cannot locate a certified translator accredited by ATIO with proficiency in the language required for translation, the translation may be completed by any translator as long the translation is notarized. To request this exception, you must include a letter to explain why the translations are not certified and demonstrate your efforts to locate a certified translator. If you are applying from outside Ontario, the translation can be completed by any translator. However, the translation must be notarized. The OINP reserves the right to require applicants to submit translations completed by a certified translator accredited by ATIO if the notarized translation is deemed insufficient by officers assessing the application. 11

17 You are responsible for all translation and notarization costs. Applications with translations that are not complete, certified or not notarized are considered incomplete and will not be processed. Translations that are completed by the applicant, the applicant s representative, or other individuals with personal ties to the applicant are not acceptable even if these individuals are certified translators. 4.0 COMPLETING YOUR ONLINE APPLICATION Note: You must first register for the Employer Job Offer: Foreign Worker Stream in the OINP e-filing Portal before you can complete an online application. To begin your application, you must log into the OINP e-filing Portal. You can access the OINP e-filing Portal here. Once you have arrived at your main page of the OINP e-filing Portal, you can click on the alpha-numeric number found under File Number (i.e. JOFW ). You can now begin your application. You will notice approximately 20 tabs on the left column of each application page. Each tab corresponds to a section of the application and is categorized by subject. To navigate between tabs, you can click on any tab at any time to review and complete the questions, or click the next or previous to move back and forth through the application. It will take approximately two hours to complete your online application, but you are not required to complete the entire application in one session. 4.1 Saving your Application You can save your application and return to it at any time, provided that you submit it within 14 calendar days of registering a profile. There are three ways to save your application: 1. Click the Save button at the bottom right corner of each page; 2. Click the Next or Previous buttons at the bottom of each page; or 3. Click the Check for Errors button at the bottom right corner of each page. Note that saving your incomplete application does not submit your application to the program. Your application will only be submitted once you have completed all 12

18 mandatory fields, uploaded all required documentation, read and agreed to all declarations and authorizations, and paid your application fee. To determine whether or not you have missed any of the mandatory fields or to see if there are errors in your application, click the Check for Errors button at the bottom right corner of each page or at the end of your application. 4.2 Application Tabs The following provides information on the tabs you will navigate to complete the online application General Information In this tab, you must read the information about the application and how to complete it Assistance with Application In this tab, you must indicate whether or not you have received, or are receiving, help preparing or completing your application. If yes, you must provide the person s name and relationship to you. You must also indicate whether you have paid or will pay this person to assist you with your application. Please see section 3.2 for more information on representatives. If you wish to appoint this individual to serve as your representative and conduct business on your behalf with the OINP, you will be directed to submit your application through the representative s account once they have been authorized to act as your representative. Representatives must not submit an application through your ONe-key account. IMPORTANT: You must disclose the use of a representative to the OINP. If the OINP discovers that you have not disclosed a representative, the program may return or refuse your application Applicant Information In this tab, you must provide information about yourself such as your name, date and place of birth, sex, citizenship, country of residence, marital status, and passport information. This information is required for program integrity purposes. 13

19 If you have used or currently use other names including your name at birth, maiden name, previous married name, alias and nicknames, you must list them and provide details. Please review the descriptions below to assist you in choosing the correct option for marital status: Annulled Marriage: This is a marriage that is legally declared as not valid. An annulment can also be a declaration by the Catholic Church that the marriage union did not have a binding force. Common-Law: This means that you have lived continuously with your partner in a marital-type relationship for a minimum of one (1) year. Divorced: This means that you are officially separated and have legally ended your marriage. Legally Separated: This means that you are married, but no longer living with your spouse, and you have signed a Separation Agreement. Married: This means that you and your spouse have had a ceremony that legally binds you to each other. Your marriage must be legally recognized in the country where it was performed and in Canada. Please see section 5.30 of the IRCC Guide for more information on recognized marriages in Canada. Never Married: This means that you have never been married and are not in a common-law relationship. Partner: This means that you are in a relationship, but you do not live together, or have lived together for less than one (1) year. Widowed: This means that your spouse has died and that you have not remarried or entered into a common-law relationship Contact Information In this tab, you must provide your contact information such as your alternate phone number(s), current residential address, mailing address (if different from current residential address) and preferred language of correspondence. Note: If you have not appointed a representative, you are prohibited from using the address or mailing address of a representative in your application Immigration Information In this tab, you must indicate if you have legal status in Canada. If you indicate that you do have legal status in Canada, you will be asked to provide a copy of your status document, such as a work permit, study permit, temporary resident visa, and/or any other Canadian immigration document or entry stamp. You must also enter your Client Identification (Client ID) number issued by Immigration, Refugees and Citizenship Canada (IRCC), which you can find on the 14

20 top right corner of your immigration document. The Client ID number consists of eight or ten numbers (example: or ). If you are currently a visitor in Canada and you did not require a visa to travel to Canada, you are not required to fill in your Client ID number. You must also indicate if you, your spouse/common-law partner, and dependent children are named in another application for permanent residence to IRCC or to another Nominee Program in another province or territory Education History In this tab, you must indicate your highest level of education and provide details on all of your secondary and post-secondary education and/or unpaid apprenticeships. You must include start and end dates, level of education, whether it was full-time or part-time, country of education, and completion date. If you studied in Canada, you will need to indicate whether you are the recipient of a grant, bursary or scholarship that requires you to return to your home country or another jurisdiction (another Canadian province or another country) after the completion of your studies Work History In this tab, you must list all of your paid work experience in the last ten years (or since the age of 18 if this was less than ten years ago). You must include your start date, hours of work per week, job title, National Occupational Classification (NOC) code, employer name and country of work. You must also list what occupation you intend to work in Ontario and the total number of years of experience that you have in the intended occupation. Please ensure that you closely review section for more information and Appendix 1 for information on how to find your NOC code Travel History and Other Activities (excluding education and paid work) In this tab, you must list any visits that you have made to Canada within the last ten years. If you have worked in Canada within the last five years, you must list all travel made outside Canada during this time. Under the Other Activities table, you must indicate whether you were involved in any other activities, besides attending secondary/post-secondary school or working, in the last ten years (or since the age of 18 if this was less than ten years ago). 15

21 Other activities may include travel (personal or business), training, unemployment, volunteer work, sick leave, parental leave, etc. When combined with your education and work history, there should be no gaps in time. This section is only required if you were involved in other activities outside of education and work Intent to Reside in Ontario In this tab, you can list your ties to Ontario that can include, but are not limited to, the following: Current and/or previous employment in Ontario; Job offers or jobs applied/interviewed for in Ontario; Education in Ontario; Volunteer work in Ontario; Lease agreements for a residence in Ontario or property ownership; Professional networks and affiliations; Family ties; Social connections or personal relationships; and/or Previous visits to Ontario. If you require additional space to list your established ties, or you would like to include further evidence to support your intention to reside in Ontario, you may upload additional documents at the end of your application. Finally, you must confirm your intention to reside in Ontario by entering your full name and date. All applicants must intend to reside in Ontario Family Information In this tab, you must provide information on your dependent family members. Eligible dependents include your spouse, common law partner and your children under the age of 22, including their children. Please provide the name and date of birth of the family member as it appears on their passport or official identification document, as well as their relationship to you. Please indicate whether your family member is a Canadian citizen or a permanent resident of Canada. The OINP requires this information to support program integrity and also so that these family members can be included and verified by Immigration, Refugees and Citizenship Canada (IRCC) as part of the application process if you are successfully nominated for permanent residence. 16

22 Learning about OINP In this tab, you must indicate how you learned about the OINP. This information will be used solely for data collection purposes. You should check only one box Employer Form: Employer OINP History In this tab, you must provide information about your Ontario employer, which can be found on the Employer Form. The OINP requires this information for the assessment of the employer and position program criteria. Please enter details from the Employer Form directly into this section such as whether or not your employer previously applied to the OINP, information on whether your employer has had assistance completing the Employer Form, and whether your employer has an Authorized Representative Employer Form: Business Details In this tab, you must provide information about your Ontario employer, which can be found on the Employer Form. The OINP requires this information for the assessment of the employer and position program criteria. Please enter details from the Employer Form directly into this section such as your employer s business, specifically, the legal name, operating name, and contact information. You will need to indicate your employer s business legal structure, business incorporation information, economic sector, gross revenue, address and total number of full-time employees employed by the business who are Canadian citizens or permanent residents of Canada and the number of full-time employees employed at the location where you will be working Employer Form: Job Offer Details In this tab, you must provide information about your Ontario employer, which can be found on the Employer Form. The OINP requires this information for the assessment of the employer and position program criteria. Please enter details from the Employer Form directly into this section such as contact information of the Signing Officer and of the individual who will be OINP s main point of contact in case additional supporting documentation and information are required. 17

23 You will need to indicate information pertaining to your position such as wage, type of employment, and NOC code. You must also state whether or not your job offer is in a regulated profession and if you have the necessary Ontario certification or licensing for the position. Note: The OINP requires a copy of the positive Labour Market Impact Assessment (LMIA) issued to your employer if you are currently employed or will be employed in Ontario on a work permit supported by an LMIA. The LMIA must be for the same NOC occupation as the position being offered to you Supporting Documents You must attach supporting documents to substantiate the information you provide in the online application and to help establish that you meet the eligibility criteria. Note: All supporting documents must be scanned and uploaded in your online application. Please see Appendix 2 for the list of documents that must be submitted with your online application. Reminder: If a supporting document is not in English or French, you must provide a copy of the document and a complete, certified or notarized translation of the document. Please see section 3.3 for more information. Your supporting documents must be uploaded using one of the following document formats:.doc,.docx,.xls,.xlsx,.ppt,.pptx,.pdf,.rtf, and.txt, or image file types:.jpeg,.bmp,.png,.gif, and.tiff. The file size limit is 5 MB per file except for passport pages which have a file size limit of 10 MB. Ensure that all text and images are clear, legible, and complete (for example you are required to provide copies of all pages of your passport). In addition, please ensure that all pages for a specific document are uploaded into one file. For example, all pages of a passport should appear in one document, rather than a separate document for each passport page. Please also make sure that you redact or black out any credit card numbers so they are not visible before uploading your supporting documents Schedules As part of your application, you must read and sign Schedules A, B, and C. If applicable, your accompanying spouse or common-law partner and any accompanying dependents (aged 16 and over) must also read and sign Schedules B and D. 18

24 Please see Appendix 3 for plain-language guidance about the Schedules. Schedule A: Declarations Please ensure that you carefully read and understand the declarations. You must acknowledge your agreement before you can submit your application to the OINP. If you do not agree with any of the declarations, or you are not prepared to abide by them, you should not submit an application. Schedule B: Authorizations and Notice of Collection Please ensure that you and your accompanying spouse or common-law partner and any dependents aged 16 and over (if applicable) carefully read and understand the authorizations and Notice of Collection. The authorizations will permit the Ministry of Citizenship and Immigration (MCI) to collect, use, retain and disclose your personal information contained in your application, including the personal information of your spouse or common-law partner and any dependents. The Notice of Collection explains that all information collected by MCI in connection with your application will be used for the purposes of ensuring the program s proper administration, including assessing your application for nomination for permanent residence, as well as for program integrity, program evaluation, and statistical purposes. You and all accompanying dependents over the age of 16 must agree to the authorizations and Notice of Collection before you can submit your application to the OINP. If you do not agree with any of the statements, or you are not prepared to abide by them, you should not submit an application. Schedule C: Relevant Federal Legislation Please ensure that you carefully read and understand the federal legislation. You must acknowledge your agreement before you can submit your application to the OINP. If you do not agree with any of the statements, or you are not prepared to abide by them, you should not submit an application. Schedule D: Authorizations Concerning Representatives Your accompanying spouse or common-law partner and any dependents aged 16 and over (if applicable) must acknowledge their agreement with the authorization concerning representatives. By agreeing, they are authorizing you (as the applicant) to appoint or cancel a representative on their behalf. 19

25 Summary The summary tab will outline whether or not your application has any errors. If there are no errors, you may proceed with your fee payment. If there are any errors, you will be directed to the tab(s) with the errors. You must fix the error in order to submit your application. You can press the Check for Errors button on each tab to locate the errors and fix them. Note: When reviewing your application for errors, please ensure that you click on the red circle beside the section header. If you click directly on the section hyperlink, the errors will disappear. The system will not allow you to submit your application until you have completed all mandatory fields, uploaded all required documentation, read and agreed to all declarations and authorizations, and submitted an electronic payment. 4.3 Privacy and Confidentiality How your Personal Information is used MCI collects your personal information in order to assess whether you meet program criteria and to determine that the information you have provided, including all of your supporting documentation, is true, correct and complete. The ministry may also use this information to contact you, as well as other individuals regarding you, such as other ministries of the Government of Ontario, officials administering immigration programs, law enforcement agencies, academic institutions and financial institutions to verify the information you have provided or to request additional information if needed, to determine whether or not you meet program criteria. The ministry may use this information for the purposes of quality assurance and program evaluation. If you, your spouse or common law partner and accompanying dependents are uncomfortable with or disagree with any part of the declarations and authorizations contained in the application, you should not submit an application to the OINP. 20

26 4.3.2 Protection of your Personal Information The information provided in your application is subject to the Freedom of Information and Protection of Privacy Act (the Act ). The Act provides a general right of access to information in the custody or control of institutions, which includes ministries. However, the right of access to information is limited by a set of exemptions and exclusions. In this regard, section 17 of the Act protects certain third party information (i.e., information that applicants might submit to the Program) from being disclosed in response to an access to information request. More specifically, s. 17 of the Act states: 17. (1) A head shall refuse to disclose a record that reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly, where the disclosure could reasonably be expected to, (a) prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; (b) result in similar information no longer being supplied to the institution where it is in the public interest that similar information continue to be so supplied; (c) result in undue loss or gain to any person, group, committee or financial institution or agency; or (d) reveal information supplied to or the report of a conciliation officer, mediator, labour relations officer or other person appointed to resolve a labour relations dispute. If an applicant s information meets the three-part test included in s. 17 that is, the information is the type of information that the Act protects, the information was supplied in confidence, and the disclosure of the information could reasonably be expected to result in one of the enumerated harms then the OINP is prohibited from disclosing this information in response to an access to information request. The OINP cannot advise you on whether any particular information satisfies this test. In the event the OINP receives a request for an applicant s information, the OINP is obligated under s. 28(1)(a) of the Act to provide the applicant with notice of the request, along with an opportunity to make representations as to why its information should be exempt from disclosure. 21

27 4.4 Processing Fee Before you can submit your online application, you must pay the application fee of $2,000 for job offers in the Greater Toronto Area (GTA), and $1,500 for job offers outside of the GTA (the GTA is defined as the City of Toronto, Durham, Halton, York and Peel Regions). You can make an electronic payment by credit card only (VISA or MasterCard). Please note that the OINP will not accept: Money Order Cashier/Certified Cheque Postal Money Order Bank Draft Cash Personal Cheques Once you make the payment, your application will be submitted to the OINP and you will not be able to make any changes. You will receive an acknowledging receipt of your application, as well as a payment receipt. Fees are non-refundable unless your application is deemed to be incomplete or you withdraw your application before the OINP has started processing it. The Province of Ontario charges fees to recover the cost of administering the OINP. Since the application fee helps pay for the cost of processing applications, fees will not be refunded if the application is unsuccessful, if the applicant withdraws the application after the OINP has started to process it, or if the province cancels or withdraws the nomination. Please note that the application fee only covers processing by the OINP. Costs incurred for services such as translation, certification, notarization, travel, accommodation and incidentals (for exploratory visits, interviews or otherwise) are to be paid by the applicant. Once the OINP nominates an individual, that nominee must apply directly to Immigration, Refugees and Citizenship Canada (IRCC) for permanent resident status. Regular IRCC application fees will apply. 5.0 AFTER YOU APPLY 5.1 Application Assessment You (or your representative, if applicable) will receive an acknowledgement to indicate that your application and payment have been received. 22

28 Once the OINP has received your online application, your application will be assessed. All information that you provide will be verified to ensure accuracy, legitimacy and completeness. Average processing times are posted here. Please regularly check this website for updates. Once the OINP completes the assessment of your application, you (or your representative, if applicable) will be notified in writing of whether your application was approved or refused. 5.2 Checking Your Status After you have submitted your application, you can log into the OINP e-filing Portal through your ONe-key account to check the status of your application. Look for the column labeled Status on your main page. As your application makes its way through the various processing stages, your application status will be updated. Please ensure that you check your status online before sending an inquiry to the OINP. 5.3 Incomplete Applications Your application will not be deemed complete until it is reviewed for completeness by the OINP. If your application is found to be incomplete, it will not be processed and your application fee will be refunded. An application may be deemed incomplete if: Incorrect supporting documents are provided; or Documents requiring translation are not certified or notarized. Note: Your application fees will be refunded if your application is deemed incomplete. 5.4 Changes in Personal Information The OINP must be notified if there are any changes to the information provided in your application, including (but not limited to): Change in contact information Change in immigration status (expiration or change in temporary work permit) Change in family composition due to: 23

29 o o o o o Marriage or common-law relationship Birth of a child Change of custody of a child Divorce/separation Death Changes to your primary telephone number, address and country of residence can be made online by logging into the OINP e-filing Portal and clicking on My Profile on your main page. After the change has been made, click Save. For all other changes, you must complete the Change of Personal Information form. This form must also be used to a request a correction of a data entry error (i.e. spelling mistake) in your name or your date of birth made while registering. Note: The program will not accept requests for complete name or date of birth changes. Once the form is completed, you must send it by as an attachment to ontarionominee@ontario.ca indicating in the subject line Application Change Notice [File number]. If you are requesting a correction to your name or date of birth, please also include the personal details page of your passport to validate your request. Failure to notify the OINP of any changes to personal information will impact the outcome of OINP and IRCC applications. You must not send in additional documents and/or information to the OINP unless you need to notify the program of a change, or unless you have received a request for additional information. In both cases, you must contact the OINP by . Note: Paper documents are no longer accepted by mail, fax or in person. 5.5 Restoration of Status in Canada If you lose legal status in Canada after you have applied to the OINP (i.e. your status document expired and you did not apply to extend your status before it expired), you must apply to IRCC to restore your status within 90 days of having lost your status. You must notify the OINP of your loss of status in Canada and provide proof that you applied to IRCC within the 90 day deadline to restore your status. Please note that you are permitted to remain in Canada while your restoration application is being processed, however, you are prohibited from working or studying during this time. If you do not apply to restore your status, you must leave Canada and provide proof of your departure to the OINP. 24

30 5.6 Withdrawing your Application If you wish to withdraw your application, you may do so in one of two ways: 1. Click on the Withdraw button next to your application on your main page of the OINP e-filing Portal; or 2. Send an to asking the OINP to withdraw your application. Note: Your processing fee will not be refunded if the OINP has already started processing your application. 5.7 Internal Review After the OINP has made a decision on your application, you may seek an internal review of the decision should you believe an error was made by the program in making its decision. You must send a written request for internal review by to internalreviewrevisioninterne@ontario.ca as follows: within 30 calendar days after receiving notice of the original decision if you are a resident in Canada, or within 60 calendar days after receiving notice of the original decision if you are not a resident in Canada. In your request for internal review, you must clearly identify any error in the program s decision that, if not made, would have resulted in the decision being decided differently. The request must not include any evidence that was not submitted to the program before the decision was made, unless the evidence was not reasonably available at that time. Internal review requests are reviewed by an individual who was not involved in the original decision and who is independent of the original decision-maker. The internal review decision is final. Note: Written requests for internal review are not accepted by mail, fax, or in person. All requests for internal review must be sent by AFTER NOMINATION If your application is successful, you will receive a Letter of Nomination and a work permit support letter, along with the OINP Confirmation of Nomination document. Successful nominees must submit an application for permanent residence to IRCC within six (6) months of being nominated by the OINP. You must include a copy of 25

31 your Letter of Nomination and a copy of the OINP Confirmation of Nomination document. Note: Nomination by OINP does not guarantee the approval of your application for permanent residence by IRCC. You may use your work permit support letter from the OINP to apply for a work permit from IRCC while your application for permanent residence is being processed. 6.1 Extension of Nomination Certificate Your Confirmation of Nomination document (i.e. Nomination Certificate) is valid for six (6) months. You may submit a request for an extension of your Nomination Certificate if it is no longer valid and: IRCC returns your permanent residence application due to incompleteness, requiring the submission of a new application, or you are experiencing delays in securing supporting documents for your permanent residence application (i.e. a police criminal record check) and you have not yet applied to IRCC. To request an extension, please the OINP at ontarionominee@ontario.ca and provide the following information: 1. A letter of explanation describing the reason to extend your Nomination Certificate; and 2. A copy of the incompleteness letter from IRCC (if applicable). You must also return by mail the original Nomination Certificate issued by the OINP at: Ontario Immigrant Nominee Program 400 University Avenue, 4th Floor Toronto, ON M7A 2R9 26

32 APPENDIX 1: FINDING YOUR NOC CODE To find the NOC code for your past work experience or for a position offered to you, visit the website of the National Occupational Classification (NOC) 2016, the authoritative resource on occupational information in Canada. If you worked as a dietician abroad and/or have been offered a position as a dietician in the Toronto Region, for example, follow the steps below to find the NOC code: Step 1: Visit the NOC website and click on 2016 version. 27

33 Step 2: Enter the title of your position in the Quick Search field. Select the most relevant result. Step 3: Review the lead statements, main duties, and employment requirements of the position to ensure that they match the duties and qualifications for the position offered to you, not just the title of the position. Choose the NOC code that most accurately reflects your position. Example: Selected: Corporate sales managers NOC Code

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